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MARRIOTT CORP. v. COMBINED PROPERTIES

Record No. 891110.

391 S.E.2d 313 (1990)

MARRIOTT CORPORATION v. COMBINED PROPERTIES LIMITED PARTNERSHIP, et al.

Supreme Court of Virginia.

April 20, 1990.

Attorney(s) appearing for the Case

Robert H. Loftus (Miles and Stockbridge, Fairfax, on briefs), for appellant.

Gerald R. Walsh, Fairfax, Alan H. Silberman, Chicago, Ill., (Robert F. Donnelly, Jr., Fairfax, Jay Conison, Chicago, Ill., William J. Hamel, Washington, D.C., Walsh & Cremins, Fairfax, Sonnenschein, Nath & Rosenthal, Washington, D.C., on briefs), for appellees.

Present CARRICO, C.J., and COMPTON, STEPHENSON, RUSSELL, WHITING and LACY, JJ.

COMPTON, Justice.

In this dispute arising from competition in the quick service restaurant industry, we consider whether the trial court correctly determined the meaning of the term "drive-in food establishment," as used in a restrictive covenant in a 1967 lease.

In March 1988, appellant Marriott Corporation filed a bill of complaint against its landlord, appellee Combined Properties Limited Partnership, and appellee McDonald's Corporation, seeking a declaratory...

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